PROPOSAL FOR LIMITING THE DUTY OF THE TRIAL JUDGE TO INSTRUCT THE JURY SUA SPONTE

• NCJ Number: 15341
• Author(s): P H ROBINSON
• Date Published: 1974
• Length: 28 pages
• Grant Number(s): 72-DF-99-0035
• Sponsoring Agency: US Dept of Justice
• Corporate Author: National Ctr for State Courts
• Sale Source: National Ctr for State Courts
• Language: English
• Country: United States of America

Annotation

THE AUTHOR RECOMMENDS ABOLISHING THE DUTY OF TRIAL JUDGES TO INSTRUCT THE JURY ON PARTICULAR POINTS OF LAW (EXCEPT THOSE SPECIFIED BY STATUTE OR COURT RULE) IN THE ABSENCE OF REQUEST BY COUNSEL.

Abstract

HE MAINTAINS THAT SUCH LEGISLATIVE REFORM WOULD REDUCE THE GROWING NUMBER OF REVERSALS DUE TO JUDICIAL ERROR IN INSTRUCTING THE JURY WHILE STILL FULFILLING THE TWO FUNCTIONS OF JURY INSTRUCTIONS - JURY GUIDANCE AND LEGALTHEORY-RESOLUTION. A DISCUSSION OF THIS PROPOSAL EXAMINES THE EVOLUTION OF THE SUA SPONTE DUTY FROM A PROCEDURE TO SHIELD THE DEFENDANT FROM AN UNIFORMED JURY TO USE BY THE DEFENSE TO LAY THE GROUNDWORK FOR A REVERSAL ON APPEAL. THE STATUS OF THE SUA SPONTE DUTY IN THE 50 STATES AND THE DISTRICT OF COLUMBIA IS ALSO CONSIDERED. AFTER AN ANALYSIS OF THE LEGAL BASIS OF THIS DUTY, THE AUTHOR CONCLUDES THAT A DEFENDANT HAS NO CONSTITUTIONAL RIGHT TO HAVE THE TRIAL JUDGE GIVE INSTRUCTIONS NOT REQUESTED AND SUGGESTS THAT FAILURE OF DEFENSE COUNSEL TO REQUEST NECESSARY INSTRUCTIONS CAN BE REVIEWED UNDER THE INCOMPETENCE OF COUNSEL STANDARD. THE WORKING OF THE PROPOSED REFORM STATUTE IS PRESENTED.